Who is responsible for damage to the furniture shipment process?
A typical road freight transportation contract dispute recently concluded by the Furong District Court: Mr. Liu, the owner of the cargo, claimed that his cargo suffered damage during the consignment and claimed compensation from the freight company, while a company of the shipper stated that the owner had no evidence to prove that the damaged cargo was transported Refuse to compensate for the goods. Both parties hold their own words, and the court concludes the case based on the evidence. The verdict in this case was: insufficient evidence, and Mr. Liu ’s lawsuit was rejected.
case
Consignment of 17 pieces of furniture and damage to 7 pieces
Mr. Liu operates a furniture store in Changsha. In the complaint, he said that on September 28, 2012, his furniture store signed a cargo transportation contract with a freight company, and the contract agreed that the company would transport 17 pieces of furniture from Changsha to Ms. Deng, Youxian County. "The company delivered the goods to Youxian two days later. At that time, Ms. Deng requested inspection on the spot, but the delivery person refused to inspect the spot on the ground of time constraints.
Mr. Liu said that because the voucher of the commission stated that “damage is not responsibleâ€, Ms. Deng did not insist on spot inspection. “As a result, Ms. Deng subsequently inspected the furniture and found that 7 of the batches of furniture appeared to varying degrees Damaged. "Mr. Liu informed the freight company after understanding the situation, but the freight company did not reply. So Mr. Liu sued to the Furong District Court and demanded the freight company to compensate him for the loss of more than 40,000 yuan.
"I don't know where to get these 40,000 yuan?" During the court trial, the freight company stated that they had delivered the goods consigned by Mr. Liu to the cargo owner in good condition. "Mr. Liu cannot form an effective chain of evidence The damaged goods are the goods actually delivered by the company. "
judgment
The evidence cannot prove the cause of the damage
After trial, the court held that Mr. Liu claimed that the freight company caused damage to the goods during the carriage of the goods, but the evidence submitted by him could not be proved. The judge believed that, first of all, the photo of the damaged furniture submitted was not clear, there was no time for taking pictures, and there was no cargo number-the photo could not prove that the cargo was transported by the freight company. Therefore, whether the goods were damaged during the transportation of the freight company or the owner of the goods was damaged during their own handling cannot be confirmed. Secondly, the consignee has the right to inspect the goods in time, and the owner of the goods has the right to refuse to sign for the goods that have not been inspected. In this case, Ms. Deng, the owner of the goods, signed the goods on the spot, which should be regarded as having checked the goods.
As for Mr. Liu's statement that "the shipper did not inspect the goods on the spot because of the" damage is not responsible "", the court held that the clause violated the principle of fairness of the contract and was the overlord clause imposed by one party on the other, exempting the freight company The main obligation is not binding. This reason cannot exclude the right of the cargo owner to inspect the goods at the time of receipt. "At the same time, Mr. Liu said that the value of the goods he entrusted to the shipping company was more than 40,000 yuan, but the amount in the relevant documents provided cannot confirm this statement."
Accordingly, the court dismissed Mr. Liu ’s lawsuit in the first instance.
remind
"Damage is not responsible" is invalid
"In the context of the rapid development of the express delivery industry, because the logistics industry has many links and relatively long distances, the risks of cargo damage, slow delivery of express delivery, and loss of express mail also increase." Zhang Zhaohui, head of the second court of the Furong District Court told reporters .
"The exemption clause in the contract must meet the purpose of legislation, otherwise it will mean that one party may use the contract clause to deceive others, thereby damaging the rights and interests of the other party. Because of this, in this case, the freight company called" damage is not responsible " The exemption clauses are overlord clauses and have no legal effect. "Zhang Zhaohui said that for contract disputes, the court will make judgments in accordance with the provisions of laws and regulations and based on the contract terms concluded by both parties.
"Sometimes the express delivery causes damage or loss of items during the posting process, and there is a conflict between the two parties. In fact, it is mainly because many senders do not understand, read or insure the relevant regulations. In order to avoid similar disputes, I hope that the majority of consumers will Pay more attention and attention when using express services, especially furniture products to protect your legal rights. "
Zhang Zhaohui reminded the public that when the goods need express or consignment, they should choose a regular transportation company, choose the consignment method according to the type of goods, and valuable goods should be insured. When filling in the consignment note, try to indicate the true condition of the goods as much as possible to facilitate claims and rights protection after problems. When additional agreement is made, a written agreement must be signed to clearly stipulate the method of compensation. The owner of the goods must also remember to check and accept in person, check the goods before signing.
Note for express delivery
1 Sign before inspection
When the courier of the courier company delivers the shipment to the recipient, it should inform the recipient to accept the shipment in person and sign it after inspection.
2 Signing of valuables
Many people often entrust others to sign for express mail, which is easy to cause losses, so when the courier company contacts you, it is best to sign for yourself.
3 The goods must be rejected
If the inspection finds that the goods are wrong, you must refuse to sign for it. Do n’t believe the express delivery is the reason why the other party sent the wrong goods. (Internship editor days)
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